Counting Each Shot: The FTD Version
What not to write in an e-mail

An idle thought

I figure there’s nothing like gross over-generalization to stir up some comment and debate. So here goes.

There are two things that most litigators should know how to do: fight and persuade.

Fighting is not the same as persuading. In fact, some things that are effective in a fight are ineffective, even counterproductive, when the task is to persuade.

There is a time to fight, and there is a time to persuade.

A major source of failure to persuade is the lawyer’s failure to recognize the difference between fighting and persuading, between what is effective in a fight and what is effective in persuading, between the time to fight and the time to persuade.